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Contract Terms Tariffs Force Majeure Clause

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 8, 2025

Welcome to our eighth issue of The Site Report for 2025! In this edition, we address tariff volatility, the effect of AI on the construction industry, solar projects in Ohio and Texas, higher education and modular...more

Foley & Lardner LLP

Tariffs and Your Contracts: Why do force majeure provisions matter?

Foley & Lardner LLP on

Force majeure is a defense to performance that is created by contract. As a result, each scenario must be analyzed on a case-by-case basis depending on the language of the applicable force majeure provision...more

Morgan Lewis

Tariff-Related Commercial Litigation: What Businesses Need to Know About Force Majeure Clauses & Common Law Defenses

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Faced with ongoing tariff uncertainty, companies in the United States and abroad are grappling with the consequences of existing or forthcoming trade duties for their businesses. Exacerbating this uncertainty, companies’...more

A&O Shearman

From calm to chaos - What tariffs and other trade restrictions mean for your supply chain contracts

A&O Shearman on

The looming expiration of the “Liberation Day” tariff suspension on August 1, 2025 marks a watershed for global trade and supply chain management. The U.S. administration’s imposition of sweeping tariffs first announced on...more

Seyfarth Shaw LLP

Drafting Smarter: Force Majeure and Price Escalation Clauses in a Tariff-Heavy Era

Seyfarth Shaw LLP on

In light of recent disputes, international construction firms are rethinking how they draft force majeure and price escalation provisions to better address tariff-induced cost increases. While traditional force majeure...more

Cranfill Sumner LLP

The Tariff Matrix Reloaded

Cranfill Sumner LLP on

In April 2025, our International Business Law and Administrative, Regulatory and Government Law practice groups wrote about Which Trade Pill to Swallow: The Red Pill or Blue Pill? In the past few months, several more tariff...more

Morgan Lewis - Tech & Sourcing

Is Your Force Majeure Clause Tariff-ic?

Given the rapid, sweeping, and unpredictable changes in the tariff landscape, we return to the force majeure clause, a now-recurring theme following the COVID-19 pandemic and cyberattacks. Although, like many force majeure...more

K&L Gates LLP

Tariffs & Supply Chains: An English Law Perspective on Contractual Levers You May Have (or Want)

K&L Gates LLP on

These are challenging times for supply chains. In recent months, the US government has announced, reversed, delayed, adjusted, and enacted a series of tariffs on imports to the United States from a long list of countries;...more

Seyfarth Shaw LLP

Tariff Turbulence: Navigating Force Majeure Risks in Texas Oil and Gas Contracts

Seyfarth Shaw LLP on

Upstream oil and gas producers and oilfield service companies are facing new uncertainties from recently imposed federal tariffs. In early 2025, the US expanded tariffs on a broad range of imports, suddenly increasing costs...more

Gray Reed

Weathering the Storm – Part 3: Force Majeure in Construction Contracts

Gray Reed on

Unexpected devastating weather events such as hurricanes, tornados, earthquakes, fires and other natural disasters can strike at any time, leaving construction projects in disarray. While Mother Nature is often unpredictable,...more

Venable LLP

Leveraging Your Contracts to Address the Impact of Tariffs

Venable LLP on

Companies are facing a unique trade market. President Trump has announced various tariffs, including additional tariffs on China, the on-again, off-again tariffs on Canada and Mexico, auto tariffs, steel and aluminum tariffs,...more

Hanson Bridgett

Protecting Your Bottom Line: Adjusting Supply Chain Contracts to Mitigate Tariff Impacts

Hanson Bridgett on

Recent shifts in international tariff policies have created significant uncertainty for US importers. As a buyer, revisiting your supply contracts now can help safeguard your business from unexpected costs and disruptions. ...more

Morrison & Foerster LLP

Navigating New U.S. Tariffs: Questions to Consider

The current worldwide focus on tariffs, paired with reciprocal tariffs from various affected states, is likely to have significant impact on the costs of cross-border trade. Businesses focused on importing and exporting goods...more

Farrell Fritz, P.C.

Impact of Recent U.S. Tariffs on Material Adverse Change and Force Majeure Clauses

Farrell Fritz, P.C. on

The recent imposition of tariffs by the U.S. government has introduced significant complexities in contractual performance and risk allocation. It is important to assess how these tariffs may influence material adverse change...more

Seyfarth Shaw LLP

Allocating the Risk of Tariff Price Increases

Seyfarth Shaw LLP on

As the Trump Administration’s tariffs are now in effect, owners, developers, and contractors managing pending construction projects face questions about who is ultimately responsible for impacts (both time and cost) resulting...more

Kerr Russell

Tariffs and Contract Performance: Can Tariffs be a Force Majeure Event?

Kerr Russell on

Following the previous imposition of significant tariffs on imports from Canada and Mexico, President Donald J. Trump announced on April 2, 2025 additional tariffs of varying amounts covering virtually all goods imported into...more

A&O Shearman

Tariffs and force majeure

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We are starting to hear reports of businesses declaring the Trump Administration's Executive Order on tariffs to be a force majeure event under their contracts. Most of us now have rather more experience than we'd like to of...more

Gray Reed

A Brave New World – Tariffs and Force Majeure

Gray Reed on

My colleague (Graham Quinn) recently wrote an article about the potential financial impact of the impending steel and aluminum tariffs on the construction industry.  See hyperlink: The Impact of President Trump’s Steel and...more

MG+M The Law Firm

Tariffs and the Construction Industry

MG+M The Law Firm on

On February 10, 2025, President Donald Trump announced his intention to impose 25% tariffs on imports of all steel and aluminum, two materials found in nearly every construction project. These tariffs are set to take effect...more

Vinson & Elkins LLP

Once More Unto the Breach: Navigating Supply Chain Disruption Amid the Trade Wars – a Construction Contract Checklist

Vinson & Elkins LLP on

The tectonic plates have shifted once again, this time with trade tariff announcements from the incoming Trump administration, sowing the seeds for another potential supply chain disruption event. In times like these owners,...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … Managing Import Risks Under the New Trump Administration (Part IV):...

Foley & Lardner LLP on

In an increasingly volatile global economy, suppliers and buyers face unforeseen challenges that may impact their ability to perform under commercial contracts. Longstanding assumptions about the level of tariffs, even under...more

Kerr Russell

Countdown to Tariffs: Are your contracts ready?

Kerr Russell on

President-elect Donald Trump has threatened to impose sweeping tariffs on imported goods immediately upon taking office on January 20, 2025. Those tariffs could have an immediate impact on the U.S. supply chain for goods, as...more

Buckingham, Doolittle & Burroughs, LLC

Dear YouDig? The Truth About Tariffs

Dear YouDig?, I am majoring in construction management in O-H-I-O. Love this stuff. Help me out though. I am getting mixed signals from my professors and from what I read in various publications and social media, including...more

Womble Bond Dickinson

Our Way or the Huawei: Are Your Fintech Contracts Ready for a National Emergency?

Womble Bond Dickinson on

Most of the reaction to Donald Trump’s sweeping new Executive Order, declaring a national emergency to combat “the ability of foreign adversaries to create and exploit vulnerabilities in information and communications...more

Hahn Loeser & Parks LLP

Contract Risk for Escalation Costs

Steel and other construction material tariffs necessitate careful evaluation and allocation of project cost and schedule risks. For example, when steel costs increased suddenly based solely on presidential executive orders,...more

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